SAT NARAIN Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The petitioner, who was serving as an Assistant with the respondents, due to lodging of a criminal case against him, was suspended on 07.01.1997. In the trial, which ensued, vide judgment dated 07.09.1999, he was acquitted and on such acquittal, was reinstated. On his reinstatement, the petitioner, relying on the provisions of Rule 7.5 of the Punjab Civil Services Rules, Volume -I (as applicable to the State of Haryana) (hereinafter referred to as - the Rules), sought full pay and allowances for the period of his suspension. However, the request of the petitioner was turned down vide the impugned order, through which it was directed that his suspension period would be treated as leave of the kind due. The portion of the order, wherein the suspension period of his was ordered to be treated as leave of the kind due, while denying him full pay and allowances, has been challenged through the present petition.

(2.) I have heard learned counsel for the parties and with their able assistance, have also gone through the record of the case.

(3.) Once in the criminal case, which formed the sole basis of suspension of the petitioner, he stands acquitted, there can be no reason to deny the petitioner full pay and allowances for the period of his suspension. In this regard, Rule 7.5 of the Rules may be referred to, which is as under : - -